Wright v. Fletcher
Supreme Court of Vermont
Debt, upon a judgment recovered in favor of the plaintiff against the defendant, by the consideration of Winslow W. Ralph, a justice of the peace within and for the county of Windsor, on the 23d day of April, 1836, for $15,15, damages and $1,99 costs. The' declaration'was in common form, containing a proferí of the record. Plea, nul tiel record.
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Debt, upon a judgment recovered in favor of the plaintiff against the defendant, by the consideration of Winslow W. Ralph, a justice of the peace within and for the county of Windsor, on the 23d day of April, 1836, for $15,15, damages and $1,99 costs. The' declaration'was in common form, containing a proferí of the record. Plea, nul tiel record. On the trial in the county court, the plaintiff offered in evidence a copy of a record, which is as follows : ^ “ State of' Vermont, Windsor county, ss:— “Be it remembered that, at Barnard, April 23,1836, Asaph “ Fletcher, of Woodstock, was attached…
1Opinion of the Court
The opinion of the court was delivered by
Wili.tams, Ch. J.
— This is an action of debt on a judgment,in which the plaintiff makes a proferí of the record in the usual manner. The plea is nul tiel record. The parol testimony, which was received, must be laid out of the case, as such testimony was inadmissible, and the case must depend on the inquiry whether the record offered was legal evidence of the judgment declared on ? We think it was not. It contains no legal evidence of a judgment. It shows no court holden, no appearance of either of the parties, no adjudication by the justice, no…
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